外文翻译--在纽约法律转租.docVIP

外文翻译 原文 Subletting in New York Law By Gerald Lebovits I. Introduction Residential tenants are permitted to sublease an Apartmentif they follow the procedures outlined in New York Real Property Law (RPL)§226-b, frequently referred to as New York s “Sublet Law.” This article explores the common illegal sublet scenarios, the steps a landlord must follow to commence an alleged illegal-sub- let holdover proceeding, the holdover proceeding itself along with motion practice and disclosure, and a tenant s opportunity to cure an illegal sublet. A sublease is “a lease by a lessee to a third party, conveying some or all of the leased property for a shorter term than that of the lessee, who retains a reversion in the lease.” In a sublease, the tenant is the “prime tenant” and the sublessee is the“subtenant” for the duration of the sublease. The main characteristic of a sublease is that the tenant conveys less than the entire interest in the property and retains either a reversionary interest in the whole property or a possessory interest in part of the property. The prime tenant conveys the rights to occupy and enjoy the rental unit for the sublease term and regains possession when the term ends. Sublets are different from assignments. An assignment is “the transfer of rights or property.” The main characteristic of an assignment in this context is that the tenant conveys his entire interest in the property, either possessory or reversionary, and retains nothing. An assignment may or may not be coupled with a release of the original tenant from all obligations under the original lease, depending on the original leases provisions Courts distinguish between roommates and subtenants. When the prime tenant shows that an occupant is merely a roommate and not a subtenant in possession of the rental unit for a specified duration, the landlord cannot maintain a cause of action premised on an illegal sublet. In the past, rent-regulated tenants were allowed t